83_FR_40446 83 FR 40289 - Agency Information Collection Activities: Submission for OMB Review; Comment Request (OMB No. 3064-0195)

83 FR 40289 - Agency Information Collection Activities: Submission for OMB Review; Comment Request (OMB No. 3064-0195)

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40289-40292
FR Document2018-17377

The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of an existing information collection, as required by the Paperwork Reduction Act of 1995. The FDIC published a notice of its intent to renew the information collection described below in the Federal Register and requested comment for 60 days. FDIC received one comment which is fully discussed in the Supplementary Information section below. No other comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of this information collection, and again invites comment on the renewal.

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40289-40292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17377]


-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request (OMB No. 3064-0195)

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice and request for comment.

-----------------------------------------------------------------------

SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on the renewal of an 
existing information collection, as required by the Paperwork Reduction 
Act of 1995. The FDIC published a notice of its intent to renew the 
information collection described below in the Federal Register and 
requested comment for 60 days. FDIC received one comment which is fully 
discussed in the Supplementary Information section

[[Page 40290]]

below. No other comments were received. The FDIC hereby gives notice of 
its plan to submit to OMB a request to approve the renewal of this 
information collection, and again invites comment on the renewal.

DATES: Comments must be submitted on or before September 13, 2018.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     Agency website: https://www.FDIC.gov/regulations/laws/federal.
     Email: [email protected]. Include the name and number of 
the collection in the subject line of the message.
     Mail: Manny Cabeza, Counsel, Room MB-3007, Federal Deposit 
Insurance Corporation, 550 17th Street NW, Washington, DC 20429.
     Hand Delivery: Comments may be hand-delivered to the guard 
station at the rear of the 17th Street Building (located on F Street), 
on business days between 7:00 a.m. and 5:00 p.m.
    All comments should refer to the relevant OMB control number. A 
copy of the comments may also be submitted to the OMB desk officer for 
the FDIC: Office of Information and Regulatory Affairs, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Counsel, 202-898-3767, 
[email protected], MB-3007, Federal Deposit Insurance Corporation, 550 
17th Street NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION: 
    Proposal to renew the following currently approved collection of 
information:
    1. Title: Minimum requirements for appraisal management companies.
    OMB Number: 3064-0195.
    Form Number: None.
    Affected Public: Participating States and Appraisal Management 
Companies that are subsidiaries owned and controlled by insured 
depository institutions.
    Burden Estimate:

                                                                                    Summary of Annual Burden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Estimated       Estimated    Estimated time                                Total annual    FDIC, FRB and
                                             Type of  burden            number of       number of     per response      Frequency of response        estimated       OCC share      FHFA share
                                                                       respondents      responses        (hours)                                   burden hours       (hours)         (hours)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
IC #1--AMC Written Notice of         Record Keeping................           9,881               1            0,08  On Occasion................             790             237             79.
 Appraiser Removal from Network or
 Panel (323.10).
IC #2--State Recordkeeping           Record Keeping................               5               1              40  On Occasion................             200              50             50.
 Requirements (323.11(a) & (b).
IC #3--AMC Reporting Requirements    Reporting.....................             200               2               1  On Occasion................             400             120             40.
 (State and Federal AMCs)(323.12 &
 13(c)).
IC #4--State Reporting Requirements  Reporting.....................              55               1               1  On Occasion................              55              14             14.
 to the Appraisal Sub Committee
 (323.14).
                                                                    ----------------------------------------------------------------------------------------------------------------------------
    Total Estimated Annual Burden..  ..............................  ..............  ..............  ..............  ...........................           1,445             421             183
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    General Description of Collection: The FDIC, the Office of the 
Comptroller of the Currency (OCC), The Board of Governors of the 
Federal Reserve System (FRB) and the Federal Home Finance Agency (FHFA) 
(collectively, the Agencies) issued regulations to implement the 
requirements of section 1473 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act to be applied by States in the registration and 
supervision of appraisal management companies (AMCs). The regulations 
also implement the requirement in section 1473 of the Dodd-Frank Act 
for States to report to the Appraisal Subcommittee (ASC) of the Federal 
Financial Institutions Examination Council (FFIEC) the information 
required by the Appraisal Subcommittee (ASC) to administer the new 
national registry of appraisal management companies (AMC National 
Registry or Registry). The FDIC's regulation is found at 12 CFR part 
323 (the Regulation) and contains the following PRA recordkeeping and 
reporting requirements:
    AMC Recordkeeping Requirements (IC #1). Section 323.10 of the 
Regulation provides that an appraiser in an AMC's network or panel is 
deemed to remain on the network or panel until: (i) The AMC sends a 
written notice to the appraiser removing the appraiser with an 
explanation; or (ii) receives a written notice from the appraiser 
asking to be removed or a notice of the death or incapacity of the 
appraiser. The AMC would retain these notices in its files.
    State Recordkeeping Requirements (IC #2). States seeking to 
register AMCs must have an AMC registration and supervision program. 
Section 323.11(a) of the Regulation requires each participating State 
to establish and maintain within its appraiser certifying and licensing 
agency a registration and supervision program with the legal authority 
and mechanisms to: (i) Review and approve or deny an application for 
initial registration; (ii) periodically review and renew, or deny 
renewal of, an AMC's registration; (iii) examine an AMC's books and 
records and require the submission of reports, information, and 
documents; (iv) verify an AMC's panel members' certifications or 
licenses; (v) investigate and assess potential violations of laws, 
regulations, or orders; (vi) discipline, suspend, terminate, or deny 
registration renewals of, AMCs that violate laws, regulations, or 
orders; and (vii) report violations of appraisal-related laws, 
regulations, or orders, and disciplinary and enforcement actions to the 
ASC.
    Section 323.11(b) requires each participating State to impose 
requirements on AMCs not regulated by a Federal financial institutions 
regulatory agency nor owned and

[[Page 40291]]

controlled by an insured depository institution to: (i) Register with 
and be subject to supervision by a State appraiser certifying and 
licensing agency in each State in which the AMC operates; (ii) use only 
State-certified or State-licensed appraisers for Federally-regulated 
transactions in conformity with any Federally-regulated transaction 
regulations; (iii) establish and comply with processes and controls 
reasonably designed to ensure that the AMC, in engaging an appraiser, 
selects an appraiser who is independent of the transaction and who has 
the requisite education, expertise, and experience necessary to 
competently complete the appraisal assignment for the particular market 
and property type; (iv) direct the appraiser to perform the assignment 
in accordance with the Uniform Standards of Professional Appraisal 
Practice; and (v) establish and comply with processes and controls 
reasonably designed to ensure that the AMC conducts its appraisal 
management services in accordance with section 129E(a)-(i) of the 
Truth-in-Lending Act.
    AMC Reporting Requirements (IC #3). Section 323.13(c) requires that 
a Federally-regulated AMC report to the State or States in which it 
operates the information required to be submitted by the State pursuant 
to the ASC's policies, including: (i) Information regarding the 
determination of the AMC National Registry fee; and (ii) the 
information listed in section 323.12 of the Regulation. Section 323.12 
provides that an AMC may not be registered by a State or included on 
the AMC National Registry if such company is owned, directly or 
indirectly, by any person who has had an appraiser license or 
certificate refused, denied, cancelled, surrendered in lieu of 
revocation, or revoked in any State. Each person that owns more than 10 
percent of an AMC is required to submit to a background investigation 
carried out by the State appraiser certifying and licensing agency. 
While section 323.12 does not authorize States to conduct background 
investigations of Federally-regulated AMCs, it would allow a State to 
do so if the Federally-regulated AMC chooses to register voluntarily 
with the State.
    State Reporting Requirements (IC #4). Section 323.14 requires that 
each State electing to register AMCs for purposes of permitting AMCs to 
provide appraisal management services relating to covered transactions 
in the State must submit to the ASC the information concerning such 
AMCs required to be submitted under the Regulation and any additional 
information required by the ASC.
    Burden Estimate Methodology and Assumptions:
    There is no change in the methodology or substance of this 
information collection. For the information collections described 
above, the general methodology is to compute the industry wide burden 
hours for States and appraisal management companies (AMCs) and then 
assign a share of the burden hours to each of the regulatory agencies 
for each information collection. The Agencies are revising their burden 
estimates based on the following assumptions:
    IC #1: AMC Written Notice of Appraiser Removal from Network or 
Panel. The burden for written notices of appraiser removal from a 
network or panel is estimated to be equal to the number of appraisers 
who leave the profession per year multiplied by the estimated 
percentage of appraisers who work for AMCs, then multiplied by burden 
hours per notice. The number of appraisers who leave is calculated by 
adding the number of appraisers who are laid off or resign to the 
number of appraisers that have had their licenses revoked or 
surrendered. The total burden hours are then split between the Federal 
Reserve Board (FRB), the Office of the Comptroller of the Currency 
(OCC), the Federal Deposit Insurance Corporation (FDIC), and the 
Federal Housing Finance Agency (FHFA) in a ratio of 3:3:3:1 in 
accordance with the burden sharing agreement among the Agencies.
    Finally, the burden hours are calculated by multiplying the 
estimated number of written notices of appraiser removal (9,881) by the 
estimated burden per notice (0.08 hours) for a total of 790 burden 
hours.\1\ As previously mentioned, the total burden hours are then 
split between the FDIC, FRB, OCC, and the FHFA such that the FHFA is 
responsible for 79 hours and the other three agencies are responsible 
for 237 hours each.
---------------------------------------------------------------------------

    \1\ The ``per notice'' burden estimate of 0.08 hours is 
unchanged from the estimate provided for the currently-approved ICR. 
The subject matter experts at the FDIC do not believe this estimate 
needs to be updated for this renewal.
---------------------------------------------------------------------------

    IC #2: Develop and Maintain a State Licensing Program. The burden 
on the States for developing and maintaining an AMC licensing program 
is calculated by multiplying the number of states without a 
registration and licensing program by the hour burden to develop the 
system. The total burden hours are then equally divided among the FDIC, 
FRB, OCC, and FHFA. According to the Appraisal Institute as of July 26, 
2017, there are 5 states that have not developed a system to register 
and oversee AMCs.\2\ The 2015 ICR estimate of the hour burden per state 
without a registration system was 40 hours. The FDIC does not believe 
this estimate needs to be updated for this renewal. Therefore, the 
total hour burden is 200 hours: 5 states x 40 hours/state = 200 hours. 
Finally, the total hour burden is divided among the four agencies such 
that each agency is responsible for 50 burden hours.\3\
---------------------------------------------------------------------------

    \2\ Appraisal Institute ``Enacted State AMC Laws,'' https://www.appraisalinstitute.org/advocacy/enacted-state-amc-laws1/.
    \3\ The assumption to divide the burden hours between the 
agencies is based on a burden-sharing agreement among the FDIC, FRB, 
OCC, and FHFA. The burden hours are shared in the same ratio as the 
2015 ICR.
---------------------------------------------------------------------------

    IC #3: AMC Reporting Requirements (State and Federal AMCs). The 
burden for AMC reporting requirements is calculated by multiplying the 
number of AMCs by the frequency of response then by the burden per 
response. The burden hours are then divided between the FDIC, FRB, OCC, 
and FHFA at a ratio of 3:3:3:1.\4\ FDIC estimates there are 
approximately 400 entities that provide appraisal management services 
as defined by section 323.9(d). Of these 400 entities, FDIC estimates 
approximately 200 entities meet the definition of an AMC as defined by 
section 323.9(c).\5\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ The FDIC anticipates more definitive information will become 
available when AMC registration requirements become effective on 
August 10, 2018.
---------------------------------------------------------------------------

    The frequency of response is estimated as the number of states that 
do not have an AMC registration program in which the average AMC 
operates.\6\ According to the Appraisal Institute, Five (5) states do 
not have AMC registration or oversight programs.\7\ According to the 
Consumer Financial Protection Bureau (CFPB), the average AMC operates 
in 19.56 states.\8\ Therefore, the average AMC operates in 
approximately 2 states that do not have AMC registration systems: (5 
states / 55 states) x 19.56 states = 1.778 states ~ 2 states. Therefore 
the total hour burden for IC #3 is 400 hours: 200 AMCs x 2 states 
(frequency) x 1 hour = 400 hours. The burden hours are then divided 
such that the FDIC, FRB, and OCC are each responsible for 120 burden 
hours and

[[Page 40292]]

the FHFA is responsible for 40 burden hours.\9\
---------------------------------------------------------------------------

    \6\ The number of states includes all U.S. states, territories, 
and districts, to include the Commonwealth of the Northern Mariana 
Islands, the District of Columbia, Guam, Puerto Rico, and the U.S. 
Virgin Islands.
    \7\ Appraisal Institute ``Enacted State AMC Laws,'' https://www.appraisalinstitute.org/advocacy/enacted-state-amc-laws1/ 
(accessed February 27, 2018).
    \8\ The CFPB conducted a survey of 9 AMCs in 2013 regarding the 
provisions in the rule and the related PRA burden.
    \9\ See footnote 9.
---------------------------------------------------------------------------

    IC #4: State Reporting Requirements to the Appraisal Subcommittee. 
The burden hours for State reporting to the ASC are estimated by 
multiplying the number of states by the hour burden per state.\10\ Then 
the burden hours are divided equally among the FDIC, FRB, OCC, and the 
FHFA. The total burden hour for state reporting is 50 hours: 55 states 
x 1 hour/state = 55 hours. This is then equally divided across the 4 
agencies for 14 burden hours each, with rounding.\11\
---------------------------------------------------------------------------

    \10\ The number of states includes all U.S. states, territories, 
and districts, to include the Commonwealth of the Northern Mariana 
Islands, the District of Columbia, Guam, Puerto Rico, and the U.S. 
Virgin Islands. The burden estimate of one hour per report is 
unchanged from the estimate provided for the currently-approved ICR. 
The subject matter experts at the FDIC do not believe this estimate 
needs to be updated for this renewal.
    \11\ See footnote 9.
---------------------------------------------------------------------------

    Comments Received:
    The FDIC received one comment letter from an appraisal management 
company trade association.
    In response to the request for comment on whether this collection 
of information is necessary for the proper performance of the functions 
of the FDIC, including whether the information has practical utility, 
the commenter agreed that this collection of information is necessary 
and has practical utility but ``only to the extent that the information 
collected serves the proper purpose to promote appraiser independence 
while ensuring a healthy real estate valuation market.'' This suggests 
that the commenter believes that the ``proper purpose'' of the 
collection is limited to the promotion to appraiser independence. In 
response to this comment, the FDIC notes that the purpose of the AMC 
rule and the collection is to implement all required elements of the 
statute, not only provisions that relate to appraiser independence.\12\ 
The Agencies were required to adopt regulations to implement all the 
statutory requirements and this collection of information is a 
necessary and useful component of such implementation.
---------------------------------------------------------------------------

    \12\ See 12 U.S.C. 3353(a) (setting minimum requirements for 
registration regulation in participating states); id. section 
3353(d) (setting registration limitations for AMCs); and id. section 
3353(e) (requiring reporting of information by AMCs to the ASC).
---------------------------------------------------------------------------

    In response to the request for comment on the accuracy of FDIC's 
estimate of the information collection burden, the commenter opines 
that the FDIC's estimate of the number of entities that meet the 
definition of an AMC under IC #3: (Reporting Requirements for State and 
Federal AMCs) is too low. The commenter did not offer an estimate of 
what the number should be and appears to agree that, as stated in 
footnote 5, the actual number of affected AMCs will be known once the 
AMC National Registry is fully operational.
    The commenter indicates that its members believe that the estimate 
of the annual burden to comply is also too low. The commenter 
recommends that the estimate be increased to twice the current 
estimate. The commenter notes that each state differs in complexity of 
their demands for the collection of information and not all are on the 
same renewal schedule. Some renew annually and some biennially, which 
have varying burdens for preparation and validation. The burden 
estimates for this collection have historically been prepared on an 
industry-wide basis and then allotted to each agency. The FDIC prepared 
the industry-wide estimates for this renewal. We invite commenters to 
review the analysis, which is included in our supporting statement, and 
comment during the 30-day comment period.
    In response to the request for comment on ways to enhance the 
quality, utility, and clarity of the information to be collected, the 
commenter suggested that the ASC should issue additional guidance to 
states and AMCs concerning the AMC minimum requirements. The goal of 
such guidance would be to ``provide consistency in the implementation 
of the regulations and information required.''
    The commenter also expressed concern that wide variation of AMC 
requirements from state to state may have material unintended 
consequences on lending activity in a particular jurisdiction. The 
commenter's suggestions do not relate to the information collection. In 
addition, while Title XI and the AMC rule set minimum standards for the 
registration and supervision of AMCs by states, Title XI and the AMC 
rule expressly provide that a state may adopt requirements in addition 
to those contained in the AMC regulation. 12 U.S.C. 3353(b); 12 CFR 
34.210(d). The FDIC will, however, refer these suggestions to the ASC 
for consideration.
    In response to the request for comments on ways to minimize the 
burden of the collection on respondents, including through the use of 
automated collection techniques or other forms of information 
technology, the commenter recommends that the ASC find opportunities to 
develop reporting efficiencies in the licensing system, which could 
include partnering with the Nationwide Multistate Licensing System 
(NMLS) or investing in a new process. Furthermore, the commenter 
believes the ASC should be more aggressive in supporting modernization 
of the outdated National Appraiser Registry (which AMCs must use to 
comply with the minimum requirements). FDIC notes that the commenter's 
suggestions do not relate to the information collection. The FDIC will, 
however, refer these suggestions to the ASC for consideration.
    Request for Comment: Comments are invited on: (a) Whether the 
collection of information is necessary for the proper performance of 
the FDIC's functions, including whether the information has practical 
utility; (b) the accuracy of the estimates of the burden of the 
information collection, including the validity of the methodology and 
assumptions used; (c) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (d) ways to minimize the burden 
of the collection of information on respondents, including through the 
use of automated collection techniques or other forms of information 
technology. All comments will become a matter of public record.

    Dated at Washington, DC, on August 8, 2018.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2018-17377 Filed 8-13-18; 8:45 am]
 BILLING CODE 6714-01-P



                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                                                               40289

                                              Reduction Act of 1995, invites the                                 • Email: comments@fdic.gov. Include                                       Deposit Insurance Corporation, 550 17th
                                              general public and other Federal                                the name and number of the collection                                        Street NW, Washington, DC 20429.
                                              agencies to take this opportunity to                            in the subject line of the message.                                          SUPPLEMENTARY INFORMATION: On May
                                              comment on the renewal of the existing                             • Mail: Jennifer Jones (202–898–                                          24, 2018, the FDIC requested comment
                                              information collection described below                          6768), Counsel, MB–3105, Federal                                             for 60 days on a proposal to renew the
                                              (3064–0134). On May 24, 2018, the FDIC                          Deposit Insurance Corporation, 550 17th                                      information collection described below.
                                              requested comment for 60 days on a                              Street NW, Washington, DC 20429.                                             No comments were received. The FDIC
                                              proposal to renew the information                                  • Hand Delivery: Comments may be                                          hereby gives notice of its plan to submit
                                              collection described below. No                                  hand-delivered to the guard station at                                       to OMB a request to approve the
                                              comments were received. The FDIC                                the rear of the 17th Street Building                                         renewal of this collection, and again
                                              hereby gives notice of its plan to submit                       (located on F Street), on business days                                      invites comment on this renewal.
                                              to OMB a request to approve the                                 between 7:00 a.m. and 5:00 p.m.                                                Proposal to renew the following
                                              renewal of this collection, and again                                                                                                        currently approved collection of
                                                                                                                 All comments should refer to the                                          information:
                                              invites comment on this renewal.                                relevant OMB control number. A copy                                            1. Title: Customer Assistance Forms.
                                              DATES: Comments must be submitted on                            of the comments may also be submitted                                          OMB Number: 3064–0134.
                                              or before September 13, 2018.                                   to the OMB desk officer for the FDIC:                                          Form Number: FDIC 6422/04—
                                                                                                              Office of Information and Regulatory                                         Customer Assistance Form; FDIC 6422/
                                              ADDRESSES:   Interested parties are                             Affairs, Office of Management and
                                              invited to submit written comments to                                                                                                        11—Business Assistance Form; FDIC
                                                                                                              Budget, New Executive Office Building,                                       6422/15—FDIC Deposit Insurance Form.
                                              the FDIC by any of the following                                Washington, DC 20503.                                                          Affected Public: Individuals,
                                              methods:
                                                                                                              FOR FURTHER INFORMATION CONTACT:                                             Households, Business or Financial
                                                • Agency Website: https://                                    Jennifer Jones, Counsel, 202–898–6768,                                       Institutions.
                                              www.FDIC.gov/regulations/laws/federal.                          jennjones@fdic.gov, MB–3105, Federal                                           Burden Estimate:

                                                                                                                      SUMMARY OF ANNUAL BURDEN
                                                                                                                                                                                                                                             Total annual
                                                                                                                                   Estimated                   Estimated                  Estimated
                                                                                Type of                  Obligation                                                                                                Frequency of               estimated
                                                                                                                                   number of                 frequency of                  time per
                                                                                burden                   to respond                                                                                                  response                  burden
                                                                                                                                  respondents                  responses                  response                                             (hours)

                                              Customer Assistance    Reporting .......                Voluntary ........                        7,000                            1                      0.25      On Occasion ..                    1,750
                                                Form (6422/04).
                                              Business Assistance    Reporting .......                Voluntary ........                           200                            1                    0.25       On Occasion ..                       50
                                                Form (6422/11).
                                              FDIC Deposit Insur-    Reporting .......                Voluntary ........                        1,000                             1                    0.25       On Occasion ..                      250
                                                ance Form (6422/15).

                                                   Total Hourly Bur-       ........................   ........................   ........................   ........................   ........................   ........................          2,050
                                                     den.



                                                 General Description of Collection:                           performance of the FDIC’s functions,                                         FEDERAL DEPOSIT INSURANCE
                                              This collection facilitates the collection                      including whether the information has                                        CORPORATION
                                              of information from customers of                                practical utility; (b) the accuracy of the
                                              financial institutions that have inquiries                      estimates of the burden of the                                               Agency Information Collection
                                              or complaints about service. Customers                          information collection, including the                                        Activities: Submission for OMB
                                              or businesses may document their                                validity of the methodology and                                              Review; Comment Request (OMB No.
                                              complaints or inquiries to the FDIC                             assumptions used; (c) ways to enhance                                        3064–0195)
                                              using a letter or optional forms (Form                          the quality, utility, and clarity of the
                                              6422/04; Form 6422/11; Form 6422/15).                                                                                                        AGENCY: Federal Deposit Insurance
                                                                                                              information to be collected; and (d)                                         Corporation (FDIC).
                                              The Forms are used to facilitate online
                                                                                                              ways to minimize the burden of the
                                              completion and submission of the                                                                                                             ACTION: Notice and request for comment.
                                                                                                              collection of information on
                                              complaints or inquiries and to shorten
                                                                                                              respondents, including through the use                                       SUMMARY:   The FDIC, as part of its
                                              FDIC response times by making it easier
                                              to identify the nature of the complaint                         of automated collection techniques or                                        continuing effort to reduce paperwork
                                              and to route the customer or business                           other forms of information technology.                                       and respondent burden, invites the
                                              inquiry to the appropriate FDIC contact.                        All comments will become a matter of                                         general public and other Federal
                                                 There is no change in the method or                          public record.                                                               agencies to take this opportunity to
                                              substance of the collection. The overall                          Dated at Washington, DC, on August 9,                                      comment on the renewal of an existing
                                              reduction in burden hours is the result                         2018.                                                                        information collection, as required by
                                              of economic fluctuation. In particular,                                                                                                      the Paperwork Reduction Act of 1995.
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                              Robert E. Feldman,
                                              the number of respondents has                                                                                                                The FDIC published a notice of its
                                                                                                              Executive Secretary, Federal Deposit
                                              decreased while the hours per response                                                                                                       intent to renew the information
                                                                                                              Insurance Corporation.
                                              and frequency of responses have                                                                                                              collection described below in the
                                                                                                              [FR Doc. 2018–17402 Filed 8–13–18; 8:45 am]
                                              remained the same.                                                                                                                           Federal Register and requested
                                                 Request for Comment: Comments are                            BILLING CODE 6714–01–P                                                       comment for 60 days. FDIC received one
                                              invited on: (a) Whether the collection of                                                                                                    comment which is fully discussed in the
                                              information is necessary for the proper                                                                                                      Supplementary Information section


                                         VerDate Sep<11>2014   19:13 Aug 13, 2018     Jkt 244001      PO 00000        Frm 00078       Fmt 4703        Sfmt 4703      E:\FR\FM\14AUN1.SGM               14AUN1


                                              40290                         Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              below. No other comments were                                           Insurance Corporation, 550 17th Street                                                 Deposit Insurance Corporation, 550 17th
                                              received. The FDIC hereby gives notice                                  NW, Washington, DC 20429.                                                              Street NW, Washington, DC 20429.
                                              of its plan to submit to OMB a request                                     • Hand Delivery: Comments may be                                                    SUPPLEMENTARY INFORMATION:
                                              to approve the renewal of this                                          hand-delivered to the guard station at
                                              information collection, and again invites                               the rear of the 17th Street Building                                                     Proposal to renew the following
                                              comment on the renewal.                                                 (located on F Street), on business days                                                currently approved collection of
                                              DATES: Comments must be submitted on                                    between 7:00 a.m. and 5:00 p.m.                                                        information:
                                              or before September 13, 2018.                                              All comments should refer to the                                                      1. Title: Minimum requirements for
                                              ADDRESSES: Interested parties are                                       relevant OMB control number. A copy                                                    appraisal management companies.
                                              invited to submit written comments to                                   of the comments may also be submitted                                                    OMB Number: 3064–0195.
                                              the FDIC by any of the following                                        to the OMB desk officer for the FDIC:
                                              methods:                                                                                                                                                         Form Number: None.
                                                                                                                      Office of Information and Regulatory
                                                • Agency website: https://                                            Affairs, Office of Management and                                                        Affected Public: Participating States
                                              www.FDIC.gov/regulations/laws/federal.                                  Budget, New Executive Office Building,                                                 and Appraisal Management Companies
                                                • Email: comments@fdic.gov. Include                                                                                                                          that are subsidiaries owned and
                                                                                                                      Washington, DC 20503.
                                              the name and number of the collection                                                                                                                          controlled by insured depository
                                              in the subject line of the message.                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                                             institutions.
                                                • Mail: Manny Cabeza, Counsel,                                        Manny Cabeza, Counsel, 202–898–3767,
                                              Room MB–3007, Federal Deposit                                           mcabeza@FDIC.gov, MB–3007, Federal                                                       Burden Estimate:

                                                                                                                               SUMMARY OF ANNUAL BURDEN
                                                                                                                                                             Estimated                                                           FDIC, FRB
                                                                                                      Estimated                   Estimated                                                                       Total annual
                                                                            Type of                                                                           time per                  Frequency                                   and       FHFA share
                                                                                                      number of                   number of                                                                        estimated
                                                                            burden                                                                           response                   of response                              OCC share      (hours)
                                                                                                     respondents                  responses                                                                       burden hours
                                                                                                                                                               (hours)                                                            (hours)

                                              IC #1—AMC Written       Record Keeping                               9,881                            1                      0,08      On Occasion ...                       790          237           79.
                                                Notice of Appraiser
                                                Removal from Net-
                                                work or Panel
                                                (323.10).
                                              IC #2—State Record-     Record Keeping                                      5                         1                         40     On Occasion ...                       200           50           50.
                                                keeping Require-
                                                ments (323.11(a) &
                                                (b).
                                              IC #3—AMC Report-       Reporting ...........                           200                            2                         1     On Occasion ...                       400          120           40.
                                                ing Requirements
                                                (State and Federal
                                                AMCs)(323.12 &
                                                13(c)).
                                              IC #4—State Report-     Reporting ...........                             55                           1                          1    On Occasion ...                        55           14           14.
                                                ing Requirements to
                                                the Appraisal Sub
                                                Committee (323.14).

                                                  Total Estimated     ...........................   ........................   ........................   ........................    .........................          1,445          421           183
                                                    Annual Burden.



                                                General Description of Collection: The                                regulation is found at 12 CFR part 323                                                 supervision program with the legal
                                              FDIC, the Office of the Comptroller of                                  (the Regulation) and contains the                                                      authority and mechanisms to: (i) Review
                                              the Currency (OCC), The Board of                                        following PRA recordkeeping and                                                        and approve or deny an application for
                                              Governors of the Federal Reserve                                        reporting requirements:                                                                initial registration; (ii) periodically
                                              System (FRB) and the Federal Home                                          AMC Recordkeeping Requirements                                                      review and renew, or deny renewal of,
                                              Finance Agency (FHFA) (collectively,                                    (IC #1). Section 323.10 of the Regulation                                              an AMC’s registration; (iii) examine an
                                              the Agencies) issued regulations to                                     provides that an appraiser in an AMC’s                                                 AMC’s books and records and require
                                              implement the requirements of section                                   network or panel is deemed to remain                                                   the submission of reports, information,
                                              1473 of the Dodd-Frank Wall Street                                      on the network or panel until: (i) The                                                 and documents; (iv) verify an AMC’s
                                              Reform and Consumer Protection Act to                                   AMC sends a written notice to the                                                      panel members’ certifications or
                                              be applied by States in the registration                                appraiser removing the appraiser with                                                  licenses; (v) investigate and assess
                                              and supervision of appraisal                                            an explanation; or (ii) receives a written                                             potential violations of laws, regulations,
                                              management companies (AMCs). The                                        notice from the appraiser asking to be                                                 or orders; (vi) discipline, suspend,
                                              regulations also implement the                                          removed or a notice of the death or                                                    terminate, or deny registration renewals
                                              requirement in section 1473 of the                                      incapacity of the appraiser. The AMC                                                   of, AMCs that violate laws, regulations,
                                              Dodd-Frank Act for States to report to                                  would retain these notices in its files.                                               or orders; and (vii) report violations of
                                              the Appraisal Subcommittee (ASC) of                                        State Recordkeeping Requirements (IC                                                appraisal-related laws, regulations, or
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                                              the Federal Financial Institutions                                      #2). States seeking to register AMCs                                                   orders, and disciplinary and
                                              Examination Council (FFIEC) the                                         must have an AMC registration and                                                      enforcement actions to the ASC.
                                              information required by the Appraisal                                   supervision program. Section 323.11(a)                                                    Section 323.11(b) requires each
                                              Subcommittee (ASC) to administer the                                    of the Regulation requires each                                                        participating State to impose
                                              new national registry of appraisal                                      participating State to establish and                                                   requirements on AMCs not regulated by
                                              management companies (AMC National                                      maintain within its appraiser certifying                                               a Federal financial institutions
                                              Registry or Registry). The FDIC’s                                       and licensing agency a registration and                                                regulatory agency nor owned and


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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                     40291

                                              controlled by an insured depository                       There is no change in the                             oversee AMCs.2 The 2015 ICR estimate
                                              institution to: (i) Register with and be                methodology or substance of this                        of the hour burden per state without a
                                              subject to supervision by a State                       information collection. For the                         registration system was 40 hours. The
                                              appraiser certifying and licensing                      information collections described above,                FDIC does not believe this estimate
                                              agency in each State in which the AMC                   the general methodology is to compute                   needs to be updated for this renewal.
                                              operates; (ii) use only State-certified or              the industry wide burden hours for                      Therefore, the total hour burden is 200
                                              State-licensed appraisers for Federally-                States and appraisal management                         hours: 5 states × 40 hours/state = 200
                                              regulated transactions in conformity                    companies (AMCs) and then assign a                      hours. Finally, the total hour burden is
                                              with any Federally-regulated transaction                share of the burden hours to each of the                divided among the four agencies such
                                              regulations; (iii) establish and comply                 regulatory agencies for each information                that each agency is responsible for 50
                                              with processes and controls reasonably                  collection. The Agencies are revising                   burden hours.3
                                              designed to ensure that the AMC, in                     their burden estimates based on the                       IC #3: AMC Reporting Requirements
                                              engaging an appraiser, selects an                       following assumptions:                                  (State and Federal AMCs). The burden
                                              appraiser who is independent of the                                                                             for AMC reporting requirements is
                                                                                                        IC #1: AMC Written Notice of
                                              transaction and who has the requisite                                                                           calculated by multiplying the number of
                                                                                                      Appraiser Removal from Network or
                                              education, expertise, and experience                                                                            AMCs by the frequency of response then
                                                                                                      Panel. The burden for written notices of
                                              necessary to competently complete the                                                                           by the burden per response. The burden
                                                                                                      appraiser removal from a network or
                                              appraisal assignment for the particular                                                                         hours are then divided between the
                                                                                                      panel is estimated to be equal to the
                                              market and property type; (iv) direct the                                                                       FDIC, FRB, OCC, and FHFA at a ratio of
                                                                                                      number of appraisers who leave the                      3:3:3:1.4 FDIC estimates there are
                                              appraiser to perform the assignment in
                                                                                                      profession per year multiplied by the                   approximately 400 entities that provide
                                              accordance with the Uniform Standards
                                                                                                      estimated percentage of appraisers who                  appraisal management services as
                                              of Professional Appraisal Practice; and
                                                                                                      work for AMCs, then multiplied by                       defined by section 323.9(d). Of these
                                              (v) establish and comply with processes
                                                                                                      burden hours per notice. The number of                  400 entities, FDIC estimates
                                              and controls reasonably designed to
                                                                                                      appraisers who leave is calculated by                   approximately 200 entities meet the
                                              ensure that the AMC conducts its
                                                                                                      adding the number of appraisers who                     definition of an AMC as defined by
                                              appraisal management services in
                                              accordance with section 129E(a)-(i) of                  are laid off or resign to the number of                 section 323.9(c).5
                                              the Truth-in-Lending Act.                               appraisers that have had their licenses                   The frequency of response is
                                                 AMC Reporting Requirements (IC #3).                  revoked or surrendered. The total                       estimated as the number of states that
                                              Section 323.13(c) requires that a                       burden hours are then split between the                 do not have an AMC registration
                                              Federally-regulated AMC report to the                   Federal Reserve Board (FRB), the Office                 program in which the average AMC
                                              State or States in which it operates the                of the Comptroller of the Currency                      operates.6 According to the Appraisal
                                              information required to be submitted by                 (OCC), the Federal Deposit Insurance                    Institute, Five (5) states do not have
                                              the State pursuant to the ASC’s policies,               Corporation (FDIC), and the Federal                     AMC registration or oversight
                                              including: (i) Information regarding the                Housing Finance Agency (FHFA) in a                      programs.7 According to the Consumer
                                              determination of the AMC National                       ratio of 3:3:3:1 in accordance with the                 Financial Protection Bureau (CFPB), the
                                              Registry fee; and (ii) the information                  burden sharing agreement among the                      average AMC operates in 19.56 states.8
                                              listed in section 323.12 of the                         Agencies.                                               Therefore, the average AMC operates in
                                              Regulation. Section 323.12 provides that                  Finally, the burden hours are                         approximately 2 states that do not have
                                              an AMC may not be registered by a State                 calculated by multiplying the estimated                 AMC registration systems: (5 states / 55
                                              or included on the AMC National                         number of written notices of appraiser                  states) × 19.56 states = 1.778 states ∼ 2
                                              Registry if such company is owned,                      removal (9,881) by the estimated burden                 states. Therefore the total hour burden
                                              directly or indirectly, by any person                   per notice (0.08 hours) for a total of 790              for IC #3 is 400 hours: 200 AMCs × 2
                                              who has had an appraiser license or                     burden hours.1 As previously                            states (frequency) × 1 hour = 400 hours.
                                              certificate refused, denied, cancelled,                 mentioned, the total burden hours are                   The burden hours are then divided such
                                              surrendered in lieu of revocation, or                   then split between the FDIC, FRB, OCC,                  that the FDIC, FRB, and OCC are each
                                              revoked in any State. Each person that                  and the FHFA such that the FHFA is                      responsible for 120 burden hours and
                                              owns more than 10 percent of an AMC                     responsible for 79 hours and the other
                                              is required to submit to a background                   three agencies are responsible for 237                    2 Appraisal Institute ‘‘Enacted State AMC Laws,’’

                                              investigation carried out by the State                                                                          https://www.appraisalinstitute.org/advocacy/
                                                                                                      hours each.                                             enacted-state-amc-laws1/.
                                              appraiser certifying and licensing
                                                                                                        IC #2: Develop and Maintain a State                     3 The assumption to divide the burden hours
                                              agency. While section 323.12 does not                                                                           between the agencies is based on a burden-sharing
                                                                                                      Licensing Program. The burden on the
                                              authorize States to conduct background                                                                          agreement among the FDIC, FRB, OCC, and FHFA.
                                                                                                      States for developing and maintaining
                                              investigations of Federally-regulated                                                                           The burden hours are shared in the same ratio as
                                                                                                      an AMC licensing program is calculated                  the 2015 ICR.
                                              AMCs, it would allow a State to do so
                                                                                                      by multiplying the number of states                       4 Id.
                                              if the Federally-regulated AMC chooses
                                                                                                      without a registration and licensing                      5 The FDIC anticipates more definitive
                                              to register voluntarily with the State.                                                                         information will become available when AMC
                                                 State Reporting Requirements (IC #4).                program by the hour burden to develop
                                                                                                                                                              registration requirements become effective on
                                              Section 323.14 requires that each State                 the system. The total burden hours are                  August 10, 2018.
                                              electing to register AMCs for purposes                  then equally divided among the FDIC,                      6 The number of states includes all U.S. states,

                                              of permitting AMCs to provide appraisal                 FRB, OCC, and FHFA. According to the                    territories, and districts, to include the
                                              management services relating to covered                 Appraisal Institute as of July 26, 2017,                Commonwealth of the Northern Mariana Islands,
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                                                                                                      there are 5 states that have not                        the District of Columbia, Guam, Puerto Rico, and
                                              transactions in the State must submit to                                                                        the U.S. Virgin Islands.
                                              the ASC the information concerning                      developed a system to register and                        7 Appraisal Institute ‘‘Enacted State AMC Laws,’’

                                              such AMCs required to be submitted                                                                              https://www.appraisalinstitute.org/advocacy/
                                                                                                         1 The ‘‘per notice’’ burden estimate of 0.08 hours   enacted-state-amc-laws1/ (accessed February 27,
                                              under the Regulation and any additional                                                                         2018).
                                                                                                      is unchanged from the estimate provided for the
                                              information required by the ASC.                        currently-approved ICR. The subject matter experts        8 The CFPB conducted a survey of 9 AMCs in
                                                 Burden Estimate Methodology and                      at the FDIC do not believe this estimate needs to       2013 regarding the provisions in the rule and the
                                              Assumptions:                                            be updated for this renewal.                            related PRA burden.



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                                              40292                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              the FHFA is responsible for 40 burden                   Requirements for State and Federal                    which could include partnering with
                                              hours.9                                                 AMCs) is too low. The commenter did                   the Nationwide Multistate Licensing
                                                IC #4: State Reporting Requirements                   not offer an estimate of what the number              System (NMLS) or investing in a new
                                              to the Appraisal Subcommittee. The                      should be and appears to agree that, as               process. Furthermore, the commenter
                                              burden hours for State reporting to the                 stated in footnote 5, the actual number               believes the ASC should be more
                                              ASC are estimated by multiplying the                    of affected AMCs will be known once                   aggressive in supporting modernization
                                              number of states by the hour burden per                 the AMC National Registry is fully                    of the outdated National Appraiser
                                              state.10 Then the burden hours are                      operational.                                          Registry (which AMCs must use to
                                              divided equally among the FDIC, FRB,                       The commenter indicates that its                   comply with the minimum
                                              OCC, and the FHFA. The total burden                     members believe that the estimate of the              requirements). FDIC notes that the
                                              hour for state reporting is 50 hours: 55                annual burden to comply is also too                   commenter’s suggestions do not relate to
                                              states × 1 hour/state = 55 hours. This is               low. The commenter recommends that                    the information collection. The FDIC
                                              then equally divided across the 4                       the estimate be increased to twice the                will, however, refer these suggestions to
                                              agencies for 14 burden hours each, with                 current estimate. The commenter notes                 the ASC for consideration.
                                              rounding.11                                             that each state differs in complexity of                Request for Comment: Comments are
                                                 Comments Received:                                   their demands for the collection of                   invited on: (a) Whether the collection of
                                                 The FDIC received one comment                        information and not all are on the same               information is necessary for the proper
                                              letter from an appraisal management                     renewal schedule. Some renew annually                 performance of the FDIC’s functions,
                                              company trade association.                              and some biennially, which have                       including whether the information has
                                                 In response to the request for                       varying burdens for preparation and                   practical utility; (b) the accuracy of the
                                              comment on whether this collection of                   validation. The burden estimates for this             estimates of the burden of the
                                              information is necessary for the proper                 collection have historically been                     information collection, including the
                                              performance of the functions of the                     prepared on an industry-wide basis and                validity of the methodology and
                                              FDIC, including whether the                             then allotted to each agency. The FDIC                assumptions used; (c) ways to enhance
                                              information has practical utility, the                  prepared the industry-wide estimates                  the quality, utility, and clarity of the
                                              commenter agreed that this collection of                for this renewal. We invite commenters                information to be collected; and (d)
                                              information is necessary and has                        to review the analysis, which is                      ways to minimize the burden of the
                                              practical utility but ‘‘only to the extent              included in our supporting statement,
                                              that the information collected serves the                                                                     collection of information on
                                                                                                      and comment during the 30-day                         respondents, including through the use
                                              proper purpose to promote appraiser                     comment period.
                                              independence while ensuring a healthy                                                                         of automated collection techniques or
                                                                                                         In response to the request for                     other forms of information technology.
                                              real estate valuation market.’’ This                    comment on ways to enhance the
                                              suggests that the commenter believes                                                                          All comments will become a matter of
                                                                                                      quality, utility, and clarity of the
                                              that the ‘‘proper purpose’’ of the                                                                            public record.
                                                                                                      information to be collected, the
                                              collection is limited to the promotion to               commenter suggested that the ASC                        Dated at Washington, DC, on August 8,
                                              appraiser independence. In response to                  should issue additional guidance to                   2018.
                                              this comment, the FDIC notes that the                   states and AMCs concerning the AMC                    Federal Deposit Insurance Corporation.
                                              purpose of the AMC rule and the                         minimum requirements. The goal of                     Robert E. Feldman,
                                              collection is to implement all required                 such guidance would be to ‘‘provide                   Executive Secretary.
                                              elements of the statute, not only                       consistency in the implementation of                  [FR Doc. 2018–17377 Filed 8–13–18; 8:45 am]
                                              provisions that relate to appraiser                     the regulations and information                       BILLING CODE 6714–01–P
                                              independence.12 The Agencies were                       required.’’
                                              required to adopt regulations to                           The commenter also expressed
                                              implement all the statutory                             concern that wide variation of AMC                    FEDERAL RESERVE SYSTEM
                                              requirements and this collection of                     requirements from state to state may
                                              information is a necessary and useful                   have material unintended consequences                 Change in Bank Control Notices;
                                              component of such implementation.                       on lending activity in a particular                   Acquisitions of Shares of a Bank or
                                                 In response to the request for                       jurisdiction. The commenter’s                         Bank Holding Company
                                              comment on the accuracy of FDIC’s                       suggestions do not relate to the
                                              estimate of the information collection                  information collection. In addition,                    The notificants listed below have
                                              burden, the commenter opines that the                   while Title XI and the AMC rule set                   applied under the Change in Bank
                                              FDIC’s estimate of the number of                        minimum standards for the registration                Control Act (12 U.S.C. 1817(j)) and
                                              entities that meet the definition of an                 and supervision of AMCs by states, Title              § 225.41 of the Board’s Regulation Y (12
                                              AMC under IC #3: (Reporting                             XI and the AMC rule expressly provide                 CFR 225.41) to acquire shares of a bank
                                                                                                      that a state may adopt requirements in                or bank holding company. The factors
                                                9 See  footnote 9.                                    addition to those contained in the AMC                that are considered in acting on the
                                                10 The  number of states includes all U.S. states,    regulation. 12 U.S.C. 3353(b); 12 CFR                 notices are set forth in paragraph 7 of
                                              territories, and districts, to include the
                                              Commonwealth of the Northern Mariana Islands,           34.210(d). The FDIC will, however, refer              the Act (12 U.S.C. 1817(j)(7)).
                                              the District of Columbia, Guam, Puerto Rico, and        these suggestions to the ASC for                        The notices are available for
                                              the U.S. Virgin Islands. The burden estimate of one     consideration.                                        immediate inspection at the Federal
                                              hour per report is unchanged from the estimate             In response to the request for                     Reserve Bank indicated. The notices
                                              provided for the currently-approved ICR. The
                                                                                                      comments on ways to minimize the                      also will be available for inspection at
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                                              subject matter experts at the FDIC do not believe
                                              this estimate needs to be updated for this renewal.     burden of the collection on respondents,              the offices of the Board of Governors.
                                                11 See footnote 9.                                    including through the use of automated                Interested persons may express their
                                                12 See 12 U.S.C. 3353(a) (setting minimum             collection techniques or other forms of               views in writing to the Reserve Bank
                                              requirements for registration regulation in             information technology, the commenter                 indicated for that notice or to the offices
                                              participating states); id. section 3353(d) (setting
                                              registration limitations for AMCs); and id. section
                                                                                                      recommends that the ASC find                          of the Board of Governors. Comments
                                              3353(e) (requiring reporting of information by          opportunities to develop reporting                    must be received not later than August
                                              AMCs to the ASC).                                       efficiencies in the licensing system,                 29, 2018.


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Document Created: 2018-08-14 02:19:08
Document Modified: 2018-08-14 02:19:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comment.
DatesComments must be submitted on or before September 13, 2018.
ContactManny Cabeza, Counsel, 202-898-3767, [email protected], MB-3007, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.
FR Citation83 FR 40289 

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